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ARTICLE · 12 JUNE 2021

Correct way to respond to requests for payment when the build is not right

It is necessary for you to set out the reasons why payment is being withheld - for example, due to the defects.

AustraliaReal Estate and Construction

You decide to proceed with some building works - it might be a new equipment shed or perhaps a new shed for hay storage. But then there's an issue with what has been built and something isn't up to scratch. As a result, you are refusing to make payment until the defect is rectified.

To make things worse, the builder is demanding payment for the work and has issued a notice pursuant to the Building and Construction Industry Security of Payment Act 2009  seeking payment or a progress payment. What is the Building and Construction Industry Security of Payment Act 2009?  It is an Act which provides builders with a statutory entitlement to receive progress payments for a construction contract.

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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